Court Cases Showing Various Law Arguments

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The concept of intentional tort in Garraty v. Dailey

The concept of intentional tort in Garraty v. Dailey. A five-year-old boy, Dailey, moved a chair on the lawn, which he knew an elder woman was going to sit on. The woman, Garraty, on knowing the position of the chair, intended to sit on it as she usually did. However, to her surprise, there was no chair. Thus, she fell down and sustained injuries.

In 1955, Garraty sued Dailey at the Washington Trial court for battery. A ruling was arrived at that case—that the boy—Dailey, had not intended to hurt the woman and was just in his playful mood when the incident happened. Unsatisfied with the decision, the plaintiff appealed to the Washington Supreme Court. After further inquisitives, the Supreme Court realized that the need for the second appeal by the plaintiff was of no need. Thus, they forwarded the case back to the trial court.

By relying on various definitions of battery, the court settled on the Restatement of Torts to provide the best definition. It was reached that, if the boy knew that by moving the chair he would cause harm to the defendant then it would be an action of battery (Emanuel, 2007). Going by earlier details presented by the trial court, the child was found guilty and the ruling was made in favor of the plaintiff—Garratt (Steele, 2007).

The Concept of a Crime in Peterswald V Bartley

Peterswald is a consumer who holds strong negative views about the increase in taxes. Bartley was surcharged with the duty of regulating taxes imposed on goods. With inflation constantly rising at that time, Peterswald decided to take legal action against Bartley, the government representative, at High Court of Australia on 31 August 1904 for increasing prices of goods unnecessarily.

The judges Griffith CJ, Barton and O’Connor JJ. ruled out that according to section 90 of the Australian constitution that prevented the levying of tax to the population. It was basically accepted that tax should be imposed on goods at their place of manufacture and at the port—custom duty. After that, no tax should be levied to the consumer once they leave the port. The case was closed in favor of the plaintiff—Peterswald (French, 2003).

The Concept of Negligence and Product Liability in the Case of Donoghue V Stevenson

Donoghue and her female compatriot were in a train travelling from Glasgow to Paisley. On their way, they stopped by a café upon which the café’s owner received them. They ordered ginger bear, ice cream, and pears. As they were about to finish taking their refreshments, Donoghue’s neighbor decided to pour the remaining beer into her cup. Unfortunately, after clearing her cup, she realized that there was a lamp of decomposing snail in the cup.

Few days later, Donoghue started experiencing stomach problems and went to visit her doctor. The doctor’s results showed that she was suffering from shock and on top of that gastroenteritis (Statsky, 2010). On 9 April 1929, she decided to claim legal action against the beers manufacture for damages summing a total of five hundred pound at the House of Lords. The case was not settled in the court as usual. However, it was done outside to get all the required facts.

On June 1930, Lord Moncrieff, the judge preceding the case at that time made a ruling that there was a case to be answered after the counsel of manufacture had closed the case for lack of evidence. The judge further based his ruling on an earlier ruling of Mullen v AG Barr. (Statsky, 2010)

References

Emanuel S. (2007). Torts Caselines Suitable Courses 11e Emanuel Law Outlines (6^th ed). New York, NY. Aspen Publishers Online.

French R. S. (2003). Reflections on the Australian Constitution. Leichhardt: Federation Press.

Statsky W. P. (2010). Torts: Personal Injury Litigation (6^th ed). New York, NY: Cengage Learning.

Steele J. (2007). Tort Law: Text, Cases, and Materials. Oxford: Oxford University Press.

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Court Cases Showing Various Law Arguments

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